Jury convicts Butte Creek Canyon man for murdering three in June 2013

Oroville >> A jury has convicted a Butte Creek Canyon man of murdering three Sacramento residents and then burning their bodies.

The Butte County Superior Court panel deliberated for about four hours Friday before reaching a verdict against Donald George Clark, 73.

Clark was found guilty of first-degree murder for the June 12 deaths of Roland Lowe, 15, and his mother Colleen Lowe, 46. The jury also determined that he personally used a firearm causing death.

Clark was also found guilty of second-degree murder for the death of Richard Jones Jr., but the jury didn't sustain a firearm allegation for that count. Jurors reached that verdict after acquitting Clark of first-degree murder.

The jury also found Clark guilty of arson for burning the victims' bodies in their stolen vehicle. Firefighters responded to the fire after 12:15 a.m. June 13 on the Skyway near Powellton Road between DeSabla and Stirling City.

Because the jury found that Clark committed the special circumstance of multiple homicide, the defendant faces life in prison without the possibility of parole when he is sentenced June 13. Clark could have faced the death penalty but the prosecution opted not to pursue that option in January.

Jones' mother, Felishia Moore, attended the trial with several other family members of the victims. Outside of court, she said she felt like justice had been done.

"I didn't like my son's verdict, but he's never going to get out," Moore said.

While watching the trial, she said it was hard to remain seated and not get up to confront Clark.

Moore had called following the discovery of the victims' in the burnt 2000 Acura TL. She knew Jones and the Lowes were heading to the area to stay with another person on the property.

Moore said she knew Clark from her son's previous stays in the canyon, and described the defendant as quiet, a loaner and a hoarder.

"I never thought he would do something like this," she said.

Closing arguments

Before the jury received the case, supervising deputy district attorney Michael Sanderson asked for first-degree murder convictions.

Sanderson said Clark admitted what happened after initially lying to police. However, he said Clark's version of events omitted details of the shooting itself.

During a June 19 interview, Clark told officers that Jones and the Lowes arrived at his residence on the 14000 block of Centerville Road. They were seeking to stay with another man on the property. He said he argued with the group until he went inside his residence to call the other man and to retrieve a shotgun to scare the group.

Clark said he went back outside and the argument continued. At one point, Jones reportedly reached for the gun and Clark pulled the gun back and it discharged. However, Clark said in a later interview that he wasn't sure if Jones grabbed the gun.

After the initial shooting, Clark said he shot Roland Lowe because the teen tried to use a BB gun as a club. He said he shot Colleen Lowe when she drew a kitchen knife from a sheath.

Sanderson said some of the details don't match Clark's story, including the positions of the victims when they were shot. He suggested the Lowes were running for their lives when Clark shot them.

During a walkthrough of his property, Clark reportedly said he didn't think the Lowes would attack him.

Sanderson said Clark told others prior to the shooting he thought Jones was a thief and threatened to kill the teen if he returned.

Those statements contribute to the theory that Clark's actions were premeditated. Sanderson said Clark had time to reflect when he went inside his residence and again before he fired the shotgun.

"Instead, he chose to act and took three lives," he said.

Defense claimed self-defense

Defense attorney Leo Battle argued Clark shot in self-defense because the defendant was scared of Jones, whom he suspected of previously stealing a handgun. He said Clark didn't intend to kill Jones and believed he was in imminent danger of being attacked by the Lowes.

"He didn't want to hurt anybody," Battle said. "He thought that when he went back out they would leave."

Sanderson said the only evidence of Clark's self-defense claim were his statements after the shooting.

"The fear is manufactured as an excuse," he said.

Outside of court, the jury foreman said the jury found Clark guilty of second-degree murder for Jones' death because there was conflicting testimony about the events, and even the defendant wasn't sure about what happened.

Although there were questions about the shot that killed Jones, the foreman said the jury was convinced that Clark acted with implied malice because the loaded shotgun with the safety off created an inherently dangerous situation.

"He set it in motion. He caused it," the foreman said.

After that first shooting, jurors felt Clark was responsible for everything that followed and his actions after the shooting intensified that feeling.

In addition to burning the bodies, Clark dispersed the victims' belongings in various trash cans and stored the gun and buckets of bloodied soil in a Chico storage unit.